HomeMy WebLinkAboutReso 2014-2238RESOLUTION NO. 2014 -_2,;�,38
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AN
AGREEMENT WITH INTERTEK TESTING SERVICES, N.A.,
INC. FOR PVC CLAD RAILING SYSTEM TESTING AT THE
NEWPORT FISHING PIER, IN AN AMOUNT NOT TO EXCEED
TWENTY -EIGHT THOUSAND EIGHT HUNDRED TWENTY -
FIVE DOLLARS ($28,825.00), ATTACHED HERETO AS EXHIBIT
"A "; AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City is in need of PVC Clad Railing System Testing at the Newport
Fishing Pier; and
WHEREAS, the design documents for the reconstruction of the Newport Fishing Pier
included the specific requirement that the railing system be furnished by Saftron, a PVC clad
metal railing and post system, with Schedule 90 (plastic) pickets, and a purchase order for the
railing system for installation by the Pier contractor was issued; and
WHEREAS, additional and subsequent submittals and permit applications were
processed to encompass the complete project; and
WHEREAS, it was determined that the manufacturer of the railing system is unable to
furnish documentation that the railing system meets all requirements of the Florida Building
Code; and
WHEREAS, testing of the system by an independent testing laboratory will allow for a
proper evaluation of the system and further to plan for future improvements or replacement if
needed and /or appropriate; and
WHEREAS, the City Commission wishes to approve the Agreement with Intertek
Testing Services, N.A., Inc. for testing of the PVC Clad Railing System at Newport Pier, in an
amount not to exceed Twenty -Eight Thousand Eight Hundred Twenty -Five Dollars
($28,825.00), attached hereto as Exhibit "A ".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approving heAgreement. The City Commission hereby approves the Agreement
with Intertek Testing Services, N.A., Inc. for PVC Clad Railing System Testing at the Newport
Fishing Pier, in an amount not to exceed Twenty -Eight Thousand Eight Hundred Twenty -Five
Dollars ($28,825.00), attached hereto as Exhibit "A ".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Page I of 2
Section 3. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 15`x' day of May 2014.
i
6��&m�2e
orman S. Edelcup, May
ATTEST:
Jane A. Hines, MMC, City Clerk
APPROVED AS TO FORM
UFFICIENCY:
City Attorney
r /
i
Moved by: V
Seconded by: mnS�sl�iv4 2 I-�i1J t
Vote: t —o- I
Mayor Edelcup
(Yes)
(No)
Vice Mayor Aelion
✓ (Yes)
I (No)
Commissioner Gatto
(Yes)
(No)
Commissioner Levin
_/(Yes)
(No)
Commissioner Scholl, ���
(Yes)
(No)
Page 2 of 2
SUNNY /SSE
s
CITY OF SUNNY ISLES BEACH AGREEMENT
C WITH INTERTEK TESTING SERVICES NA, INC.
O
P P
~F °TF •FLOP
CONTRACT NO. C1314 -052
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement ") is
made in duplicate, this (pli day of ��J4C , 2014, by and between the CITY OF
SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City "), and INTERTEK
TESTING SERVICES NA, INC., a corporation authorized to do business in the State of Florida
(hereinafter referred to as "Contractor ") whose Federal I.D. # is (3. 0G(o$ -3(4,,-$
RECITALS
WHEREAS, the City is in need of a Contractor to provide materials testing of PVC clad
railing system installed at the Newport Fishing Pier ( "Services "); and
WHEREAS, Contractor has expressed the ability and desire to provide these Services, as
more particularly described in Attachment "A ", a copy of which is attached hereto; and
WHEREAS, the City desires to contract with Contractor to provide the Services in a total
amount not to exceed Twenty Eight Thousand Eight Hundred Twenty Five Dollars ($28,825.00).
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, the parties agree as follows:
1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement
and made a part hereof for reference.
2. SERVICES. Contractor shall perform all Services required pursuant to this Agreement
in the manner and according to the professional standards normally observed by a practitioner of
the profession in which Contractor is engaged. Contractor shall prepare all work products required
by this Agreement in a substantial manner and shall conform to the professional standards of
quality normally observed by a person practicing in Contractor's profession. It is mutually agreed
by the parties that City is relying upon the professional skill of the Contractor as a specialist in the
Services, and Contractor represents to the City that the Services performed hereunder shall
conform to the normal professional standards of the profession. Acceptance of the Contractor's
work by the City does not operate as a release of Contractor's representations. It is intended that
Contractor's work shall conform to the normal standards of accuracy, completeness and
coordination. Contractor represents that it is thoroughly familiar with and understands the
requirements of the Services described herein and is experienced in the administration, type and
scope contemplated herein. Contractor represents to City that Contractor has all necessary
education, skill, knowledge, and experience required for the Services and will maintain, at all times
during the term of this Agreement, such personnel on its staff to provide the Services contemplated
herein within the time periods required hereby. In addition, Contractor represents that it has all
applicable licenses required by the State of Florida to perform the Services.
3. TERM. The term of this Agreement shall begin upon the issuance of the City's Notice
to Proceed ( "NTP ") from the City Manager or his designee to Contractor and shall terminate upon
the completion of Services.
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City of Sunny Isles Bench 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
4. COMPENSATION. As the entire compensation under this Agreement and during the
terms of this Agreement, in whatever capacity rendered, the City shall pay Contractor an amount
not to exceed Twenty Eight Thousand Eight Hundred Twenty Five Dollars ($28,825.00) for the
performance of the stated Services. Payment to Contractor for all charges and tasks under this
Agreement shall be in accordance with this Agreement and the schedule of charges reflected in
Attachment "A ", which fee shall be disbursed on a monthly basis and under the following
conditions:
a. Disbursements. Reimbursable expenses associated with this Agreement shall be in
accordance with the Contractor's scope attached hereto as Attachment "A ".
b. Payment Schedule. Invoices received from the Contractor pursuant to this
Agreement will be reviewed by the initiating City Department. If Services have
been rendered in conformity with the Agreement, the invoice will be sent to the
Finance Department for payment. Invoices must reference the contract number
assigned hereto. Invoices will be due and payable thirty (30) calendar days after
the date on which the invoice is stamped as received by the initiating City
Department. Payment shall be made only for approved invoices.
C. Reservation of payment rights. The City retains the right to delay or withhold
payment for Services which have not been accepted by the City. Notwithstanding
any provision of this Agreement to the contrary, City may withhold, in whole or in
part, payment to the extent necessary to protect itself from loss on account of
inadequate or defective work which has not been remedied or resolved in a manner
satisfactory to the City Manager or his designee, or based on failure of Contractor
to comply with this Agreement. The amount withheld shall not be subject to
payment of interest by City.
d. Availability of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission.
e. Final Invoice. In order for both parties herein to close their books and records, the
Contractor will clearly state "final invoice" on the Contractor's final /last billing to
the City. This certifies that all services have been properly performed and all
charges and costs have been invoiced to the City. Since this account will thereupon
be closed, any other additional charges, if not properly included on this final
invoice, are waived by the Contractor.
It is acknowledged and agreed by Contractor that this amount is the maximum payable amount
under this Agreement and constitutes a limitation upon the City's obligation to compensate
Contractor for their Services. This maximum payable amount, however, does not constitute a
limitation, of any sort, upon Contractor's obligation to perform all items of work required by, or
which can be reasonably inferred, from the Services. This maximum payable amount includes
reimbursement of all expenses of Contractor related to the Services. Contractor shall make no
other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
expenses or costs unless any such expense or cost is incurred by Contractor with the prior written
approval of the City. If the City disputes any charges on the invoices, it may make payment of the
uncontested amounts and withhold payment on the contested amounts until they are resolved by
agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of
payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness.
The Contractor further warrants and represents that it has no obligation or indebtedness that would
impair its ability to fulfill the terms of this Agreement.
5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an
independent contractor and shall be treated as such for all purposes. Nothing contained in this
Agreement or any action of the parties shall be construed to constitute or to render the Contractor
an employee, partner, agent, shareholder, officer or in any other capacity other than as an
independent contractor other than those obligations which have been or shall have been undertaken
by the City. Contractor shall be responsible for any and all of its own expenses in performing its
duties as contemplated under this Agreement. The City shall not be responsible for any expense
incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or
pay Social Security services and that such obligations shall be that of the Contractor, other than
those set forth in this Agreement. Contractor shall furnish its own transportation, office and other
supplies as it determines necessary in carrying out its duties under this Agreement.
6. ASSIGNMENT AND PERFORMANCE. Neither this Agreement nor any right or
interest herein shall be assigned, transferred or encumbered without the written consent of the other
party. City may terminate this Agreement, effective immediately, if there is any assignment, or
attempted assignment, transfer, or encumbrance, by Contractor of this Agreement or any right or
interest herein without City's written consent.
Contractor represents that each person who will renders services pursuant to this Agreement is
duly qualified to perform such services by all appropriate governmental authorities, where
required, and that each such person is reasonably experienced and skilled in the area(s) for which
they will render services.
Contractor shall perform its duties, obligations and services under this Agreement in a skillful and
respectable manner. The quality of Contractor's performance and all interim and final product(s)
provided to or on behalf of City shall be comparable to the applicable local standards.
7. RIGHTS IN DOCUMENTS AND WORK. Any and all reports, photographs, surveys,
and other data and documents provided or created in connection with this Agreement are and shall
remain the property of City. In the event of termination of this Agreement, any reports,
photographs, surveys, and other data and documents prepared by Contractor, whether finished or
unfinished, shall become the property of City and shall be delivered by Contractor to the City
Manager or his designee within seven (7) days of termination of this Agreement by either party.
Any compensation due to Contractor shall be withheld until all documents are received as provided
herein. Notwithstanding the foregoing, INTERTEK may maintain a controlled copy of its records
in order to document the services provided. The term Reports includes all reports, laboratory test
data, calculations, estimates, notes and other documents prepared by Intertek in the course of
providing services to City. All technical determinations of compliance arising from product,
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
material or system evaluation shall not be considered final until issuance of a written report,
reviewed and signed by an Intertek qualified Reviewer. All final decisions on product certification
are made by the Certification Manager. Intertek retains any and all rights of ownership of Intertek's
concepts, ideas, inventions, patents or copyrights used by Intertek in preparing Intertek's Reports
and the provision of services to the City. Only City is authorized to copy or distribute Intertek's
Reports and then only in their entirety, subject to the requirements of Florida's Public Records
Act. City further agrees and understands that reliance upon the Reports is limited to the
representations made therein. Any use of the Intertek name or one of its marks for the sale or
advertisement of the tested material, product or service must first be approved in writing by
Intertek.
8. AUDIT RIGHTS AND RETENTION OF RECORDS. City shall have the right to
audit the books, records, and accounts of Contractor that are related to Services performed under
this Agreement. Contractor shall keep such book, records and accounts as may be necessary in
order to record complete and correct entries related to Services performed under this Agreement.
All books, records, and accounts of Contractor shall be kept in written form, or in a form capable
of conversion into written form within a reasonable time, and upon request to do so, Contractor,
as applicable, shall make same available at no cost to City in written form.
Contractor shall preserve and make available, at reasonable times for examination and audit by
City, all financial records, supporting documents, statistical records, and any other documents
pertinent to this Agreement for the required retention period of the Florida Public Records Act,
Chapter 119, Florida Statutes, as may be amended from time to time, if applicable, or, if the Florida
Public Records Act is not applicable, for a minimum period of three (3) years after termination of
this Agreement. If any audit has been initiated and audit findings have not been resolved at the
end of the retention period or three (3) years, whichever is longer, the books, records, and accounts
shall be retained until resolution of the audit findings. If the Florida Public Records Act is
determined by City to be applicable to Contractor's records, Contractor shall comply with all
requirements thereof. Any incomplete or incorrect entry in such books, records, and accounts shall
be a basis for City's disallowance and recovery of any payment upon such entry.
9. PUBLIC ENTITY CRIME ACT. Contractor represents that the execution of this
Agreement will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, as may
be amended from time to time, which essentially provides that a person or affiliate who is a
contractor, or other provider, and who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or
services to City, may not submit a bid on a contract with City for the construction or repair of a
public building or public work, may not submit bids on leases of real property to City, may not be
awarded or perform work as a contractor, supplier, or subcontractor under a contract with City,
and may not transact any business with City in excess of the threshold amount provided in Section
287.017, Florida Statutes, as may be amended from time to time, for category two purchases for a
period of 36 months from the date of being placed on the convicted vendor list. Violation of this
section shall result in termination of this Agreement and recovery of all monies paid by City
pursuant to this Agreement, and may result in debarment from City's competitive procurement
activities.
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
In addition to this foregoing, Contractor further represents that there has been no determination
that it committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime"
and that it has not been formally charged with committing an act defined as a "public entity crime"
regardless of the amount of money involved or whether Contractor has been placed on the
convicted vendor list.
10. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any
work being performed under this Agreement, procure and maintain the following minimum
insurance coverage to protect the City and Contractor against all loss, claims, damage and
liabilities caused by Contractor, its agents or employees, as indicated below:
❑ Comprehensive General liability insurance, including broad form contractual
liability coverage for all operations, including, but not limited to, contractual,
products, and completed operations, personal injury and property damage liability
with minimum limits of One Million Dollars ($1,000,000) per occurrence.
Coverage shall not contain any endorsement(s) excluding nor limiting
Product /Completed Operations, or Cross Liability.
❑ Worker's Compensation and employer's liability coverage, as required pursuant to
Florida Statute Chapter 440.
❑ Business Automobile Liability which shall include coverage for all owned, non -
owned and hired vehicles for minimum limits of not less than One Million Dollars
($1,000,000) per occurrence. Coverage shall include liability for owned, Non -
Owned and Hired automobiles. In the event Contractor does not own automobiles,
Contractor agrees to maintain coverage for Hired and Non -Owned Auto Liability,
which may be satisfied by way of endorsement to the Commercial General Liability
policy or separate Business Auto Liability policy.
Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or
self - insurance maintained by the City. Such insurance shall not diminish Contractor's
indemnification and obligations hereunder. The insurance policy shall be issued by companies
authorized to do business under the laws of the State of Florida and acceptable to the City with a
minimum A.M. Best rating of A- Excellent. Before any work under this Agreement is
performed, and at any time upon request, Contractor shall furnish to the City certificates of
insurance evidencing the minimum required coverage and shall be appropriately endorsed
for contractual liability, with the City named as additional insured. All policies shall contain
a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by
insurance companies acceptable to the City Manager or his designee. All insurance policies and
certificates of insurance shall provide that the policies may not be canceled or altered without thirty
(30) days prior written notice to the City. The City reserves the right from time to time to change
the insurance coverage and limits of liability required to be maintained by Contractor hereunder.
Contractor shall also require and ensure that each of its sub - contractors providing services
hereunder (if any) procures and maintains, until the completion of the services, insurance of the
types and to the limits specified herein.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST
BE APPROVED IN WRITING BY THE CITY.
H. TERMINATION AND REMEDIES FOR BREACH.
A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in
a timely manner or otherwise violate any of the covenants, agreements or
stipulations material to this Agreement, the City shall have the right to terminate the
Services then remaining to be performed. Prior to the exercise of its option to
terminate for cause, the City shall notify the Contractor of its violation of the
particular terms of the Agreement and grant Contractor ten (10) days to cure such
default. If the default remains uncured after ten (10) days the City may terminate
this Agreement.
(i.) In the event of termination, all finished and unfinished documents, data and
other work product prepared by Contractor shall be delivered to the City and
the City shall compensate the Contractor for all Services satisfactorily
performed prior to the date of termination.
(ii.) Notwithstanding the foregoing, the City shall retain the right to withhold
payment if the Contractor is in breach of any of its obligations under this
Agreement.
B. Termination for Convenience of City. The City may, for its convenience and
without cause terminate the Services then remaining to be performed at any time by
giving Contractor ten (10) days written notice. The terms of subparagraph A(i) and
A(ii) above shall be applicable hereunder.
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining Services to be performed in the event the Contractor is placed either in
voluntary or involuntary bankruptcy or makes any assignment for the benefit of
creditors.
12. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall
be interpreted and construed in accordance with and governed by the laws of the State of Florida.
All parties agree and accept that jurisdiction of any dispute or controversy arising out of this
Agreement, and any action involving the enforcement or interpretation of any rights hereunder
shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County,
Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state
courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or
other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to
enforce any term or provision under this Agreement and the City is the prevailing party then the
City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY
ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY
WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed
by the City pursuant to Section 768.28, Florida Statutes.
13. NOTICES. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service,
or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or
registered mail, first class postage prepaid, return receipt requested or by overnight delivery by
traditionally recognized courier service), addressed to such party as follows:
If to the City:
Christopher J. Russo
With a copy to:
City Manager
Hans Ottinot
City of Sunny Isles Beach
City Attorney
18070 Collins Avenue
City of Sunny Isles Beach
Fourth Floor
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Fourth Floor
Tel: (305) 792 -1701
Sunny Isles Beach, Florida 33160
Tel: (305) 792 -1702
If to the
Anne Whitson
Contractor:
Account Manager - Openings
Intertek Building Products
8431 Murphy Drive
Middleton, WI 53562
Tel: (608) 320 -3783
14. NON - DISCRIMINATION. The Contractor agrees to comply with all local and state
civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of
the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development
Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with
Executive Order 11248 as amended by Executive Orders 11375 and 12086.
The Contractor will not discriminate against any employee or applicant for employment because
of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age,
marital /familial status, or status with regard to public assistance. The Contractor will take
affirmative action to insure that all employment practices are free from such discrimination. Such
employment practices include but are not limited to the following: hiring, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. The Contractor agrees to post
in conspicuous places, available to employees and applicants for employment, notices to be
provided by the City setting forth the provisions of this non - discrimination clause. The Contractor
agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the
handicapped in any Federally assisted program.
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
15. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by
the Miami -Dade County Conflict of Interest Ordinance Section 2 -11.1, as amended; and by the
City of Sunny Isles Beach Ordinance No. 99 -82, which are incorporated by reference herein as if
fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor
covenants that it presently has no interest and shall not acquire any interest, directly or indirectly
which should conflict in any manner or degree with the performance of Services under this
Agreement. The Contractor ftirther covenants that in the performance of this Agreement, no
person having any such interest shall knowingly be employed by the Contractor. The Contractor
guarantees that he /she has not offered or given to any member of, delegate to the Congress of the
United States, any or part of this contract or to any benefit arising therefrom.
16. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent
permitted by law, and subject to the limits of liability set forth in Section 9 of the Contractor's
"Testing and Evaluation Terms and Conditions ", a copy of which is attached hereto and
incorporated hereby by reference as Attachment "A ", the Contractor agrees to indemnify and hold -
harmless the City, its agents, representatives, officers, directors, officials and employees from any
claims, liabilities, damages, losses and costs, including, but not limited to, reasonable attorney fees
to the extent cause, in whole or in part, by the professional negligence, error or omission of the
Contractor or persons employed or utilized by the Contractor in performance of Services under
this Agreement.
Contractor shall at all times hereafter indemnify, hold harmless and, at the City's option, defend
or pay for an attorney selected by the City to defend City, its agents, representatives, officers,
directors, officials and employees from and against any and all causes of action, demands, claims,
losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses,
caused or alleged to be caused by the intentional or negligent act of, or omission of Contractor,
including those of their employees, agents, servants, or officers, or accruing, resulting from, or
directly related to the subject matter of this Agreement including, without limitation, any and all
claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever
resulting from injuries or damages sustained by any person or property. In the event any lawsuit
or other proceeding is brought against City by reason of any such claim, cause of action or demand,
Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by
counsel satisfactory to City. The provisions and obligations of this section shall survive the
expiration or earlier termination of this Agreement. To the extent considered necessary by City,
any sum due Contractor under this Agreement may be retained by City until all of City's claims
for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any
amount withheld shall not be subject to payment of interest by City. The parties agree that One
Hundred Dollars ($100.00) represents specific consideration to the Contractor for the
indemnification set forth in this Agreement.
17. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect
to this Agreement ( "Applicable Laws ") and shall obtain and maintain any and all material permits,
licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
under this Agreement.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
18. MATERIALITY AND WAIVER OF BREACH. City and Contractor agree that each
requirement, duty and obligation set forth herein was bargained for at arms- length, is agreed to by
the parties, that each is substantial and important to the formation of this Agreement and that each
is, therefore, a material term hereof. City's failure to enforce any provision of this Agreement
shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of
any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach
and shall not be construed to be a modification of the terms of this Agreement.
19. SEVERANCE. In the event any provision of this Agreement is found to be void and
unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement
shall nevertheless be binding upon the parties with the same effect as though the void or
unenforceable provisions had been severed and deleted.
20. AMENDMENTS. No modification, amendment, or alteration in the terms or
conditions contained herein shall be effective unless contained in a written document prepared
with the same or similar formality as this Agreement and executed by the City and Contractor or
others delegated authority to or otherwise authorized to execute same on their behalf.
21. PRIOR AGREEMENTS. This document represents the final and complete
understanding of the parties and incorporates or supersedes all prior negotiations, correspondence,
conversations, agreements, and understanding applicable to the matters contained herein. The
parties agree that there is no commitment, agreement, or understanding concerning the subject
matter of this Agreement that is not contained in this written document. Accordingly, the parties
agree that no deviation from the terms hereof shall be predicated upon any prior representation or
agreement, whether oral or written.
22. REPRESENTATION OF AUTHORITY. Each individual executing this Agreement
on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she
signs this Agreement, duly authorized by all necessary and appropriate action to execute this
Agreement on behalf of such party and does so with full legal authority to bind their respective
party to this Agreement.
23. MULTIPLE ORIGINALS. Multiple copies of this Agreement may be executed by all
parties, each of which, bearing original signatures, shall have the force and effect of an original
document.
24. CONFLICTING PROVISIONS. The terms and conditions in this Agreement supersede
any other conflicting provisions that are contained in any other document, including any
attachments hereto. If there is a conflict or inconsistency between any term, statement,
requirement, or provision of any attachment attached hereto, or any document or events referred
to herein, or otherwise incorporated by reference, the term, statement, requirement, or provision
contained in this Agreement shall prevail and be given superior effect and priority over any
conflicting or inconsistent term, statement, requirement or provision contained in any other
document or attachment, including but not limited to Attachment "A ", attached hereto.
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate
on the day and year first written above.
WITNESS:
ature
Tssc T, �c_Je tsd c�
Print Name
ATTEST:
Jane A. Hines, MMC, City Clerk
10
INTERNE TESTING SERVICES NA,
INC. /
i
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Print name and title of corp. rep.
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Proposal 500526566
Prepared for Helen Gray
of City of Sunny Isles Beach
Reach new markets
Intertek Testing Services NA, Inc. Q500526566
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04/30/2014
Helen Gray
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Phone: (305) 792 -1913
E -mail: hgray @sibfl.net
Dear Helen:
We are pleased to present this proposal for evaluation of your PVC Clad Railing System. This proposal
has been carefully prepared based upon the information City of Sunny Isles Beach has provided to
Intertek.
Intertek is a leading international provider of independent inspection, testing, and certification services
including product conformity testing and certification, electromagnetic compatibility (EMC) testing,
performance testing, and other quality assessment services. Intertek has the experience, expertise,
resources, and global reach to support City of Sunny Isles Beach through our extensive network of
laboratories and offices with over 30,000 employees in more than 100 countries. Visit www.intertek.com
for more information.
To initiate this project please complete the following steps:
• Complete and return the Project Authorization Form to accept pricing and terms and conditions of
this proposal.
• Submit a copy of your Purchase Order
• Submit requested samples and /or documentation.
Upon receipt of this proposal, please let me know if you have any questions or if I can be of further
assistance.
Sincerely,
Anne Whitson
Account Manager
Intertek Testing Services NA, Inc. Q500526566
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Proposal Number 500526566
Reference: PVC Clad Railing System
Prepared for: Helen Gray
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Date: 04/30/2014
Prepared by: Anne Whitson
Account Manager
Intertek Testing Services NA, Inc.
Phone: (305) 792 -1913 Phone 608 -824 -7415
Fax: Fax:
E -mail: hgray @sibfl.net E -mail: anne.whitson @intertek.com
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Intertek provides the building products and materials industry with a variety of testing, certification, and
engineering evaluation services. As a full - service testing partner, Intertek offers product conformity and
performance testing as well as structural, physical, and mechanical evaluations and flammability, flame
spread, fire resistance, and environmental testing. For over a century, Intertek has been the accepted
symbol of compliance for thousands of manufacturers across a wide range of product categories.This
proposal itemizes the services applicable for your noted product.
Gathering of information and initial project planning:
All of the relevant information about your product must be gathered and sent to your Project Manager so
they may prepare an initial project plan. The information required may be contained in installation
instructions, drawings, specifications, copies of labels, brochures, or other documents. Assemble all
information that you feel is relevant and send this package of information to your Project Manager. Your
Project Manager will review the information, prepare an initial project plan (also known as Contract
Review), review the plan with you, or advise you if there is additional information required to get the
project started. If it is determined during the Contract Review that the scope of work required exceeds
what was originally quoted, your Account Manager will issue a Project Change Order Request (PCOR)
that will capture the additional work to be performed. Conversely, if a reduction in scope is warranted a
PCOR will be issued as well. The conclusion of this phase results in a completed Contract Review form.
Testing and /or Evaluation:
The physical tests and /or evaluations required will be carried out in accordance with the previously
determined test plan and according to the conditions below:
• Should a product fail, if the failure has no influence on the outcome of other portions of the test plan
then testing may proceed through completion of the remaining test plan.
• The criteria listed below may not represent all standards or criteria applicable to your particular
material or component. Evaluations to additional standards or criteria are not included and may be
quoted separately upon request.
• At the end of testing, our engineer will provide you with a written statement of compliance or a
Intertek Testing Services NA, Inc. Q500526566
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report of non - compliances.
• Retesting due to product failures will be quoted separately.
This project will reference the following criteria or specifications:
ASTM D2565 $26,325.00
Issued: 1999/01/10 Standard Practice for Xenon -Arc Exposure of Plastics Intended
for Outdoor Applications
SCOPE: This is to tet a PVC clad railing system with schedule 0 pickets in
accordance with the 2010 Florida Building Code Secon 2612.2, Alternat 2.
Exposure to xenon arc weatherometer using a 6500 -watt lamp per ASTM G 155
and ASTM D2565 for a period of 4500 hours.
FEES:
Testing at $5.25 per hour x 4500.....$24075
Bulb Replacement .... $2000
Report .... $250
ASTM D256 $900.00
Issue: 2010 106101 Standard Test Methods for Determining the Izod Pendulum
Impact Resistance of Plastics
SCOPE: Impact testing after exposure to weathering testing
FEES:
Test ...... $800
Report .... $100
ASTM D638 $1,600.00
Issue :2010106101 Standard Test Method for Tensile Properties of Plastics
SCOPE: Tensile Testing on controlled and weathered specimen pe ASTM D638.
Yield strength difference between controlled and weathered specimen shall not
exceed 10 percent.
FEES:
Tensile Test: $750each x (2).....$1500
Report ... $100
Total USD: $28,825.00
(Taxes extra, if applicable)
Intertek Testing Services NA, Inc. Q500526566
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Assembling a report:
After it has been determined that your product has successfully complied with all requirements in the
criteria, our engineer assembles the report. This report may contain some or all of the information
gathered so far or may include additional information not yet collected. Our engineers will notify you if
additional information is needed.
Intertek is committed to helping the environment by consuming less energy and fewer natural resources.
After January 1, 2009, all test reports and certificates will be stored and distributed electronically via
SpecDirect for participating clients or via e -mail. Additional fees may apply for hard copies requested.
Expenses - Unless specifically detailed within this proposal, expenses required to complete your project
are not included and will be invoiced in addition to the fees quoted at cost plus a 25% administrative fee.
Expenses may include:
• Travel expenses (unless itemized above)
• Shipping costs (including express shipment of deliverables)
• Local taxes
• Procurement of materials used in the construction of your test sample or assembly (invoiced at cost
plus 25 %)
• Labor required to construct your sample or assembly (unless itemized above)
• Disposal fees if required will be invoiced at cost in addition to the quoted project fees.
Invoicing - Intertek will issue invoices upon delivery of test data, reports, project status updates, or for
projects lasting more than 30 days billing may occur on billable hours or tasks completed in that specific
month at the rate indicated within this proposal.
Payment Terms - Unless credit has been established, a 100% deposit of quoted fees (plus estimated
expenses) will be required prior to your project start date. To apply for credit terms, please submit credit
references or contact us for a Credit Application. Upon review, our credit department may extend terms of
Net 30 Days or 50% Deposit. (US Customers Only)To pay by credit card, go to
http : / /intertekce.safestorefront.com and reference quote number 500526566.
Project Cancellations - Postponements or cancellations will be accepted if sufficient written notice is
given to Intertek (preferably two weeks). In the event of a cancellation within two business days of your
scheduled project start date, a $1,500 cancellation fee plus any incurred expenses may be invoiced to
City of Sunny Isles Beach.
Project Completion - We estimate your project will be completed and report(s) issued within four weeks
of the date all required samples and documentation are received. To avoid unnecessary delays, please
mark quote number 500526566 on the outside of shipping materials containing samples or
documentation. Expedited scheduling options are available.
Intertek Testing Services NA, Inc. Q500526566
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Thank you for choosing Intertek.
Sincerely,
Anne Whitson
Account Manager
Intertek Testing Services NA, Inc.
Phone: 608 - 824 -7415
Fax: 608 - 831 -9279
E -mail: anne.whitson @intertek.com
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Testing and Evaluation Terms and Conditions:
1.0 INTRODUCTION - These Terms and Conditions are incorporated into the Intertek proposal made and submitted to you. The party executing this document ( "Client ") indicates
acceptance of this proposal as a contract between Client and Intertek which governs the performance of the stated services and the rights and obligations of the parties and that
Intertek may proceed with the work.
2.0 PROPOSAL TERM - Unless otherwise stated in the proposal, this offer shall remain valid until accepted, but in no event for a period longer than thirty days from the date of the
proposal.
3.0 CLIENT INFORMATION - Client represents that the information supplied by it or its agents to Intertek is accurate and complete and samples are representative, and Client has
informed Intertek concerning any dangerous or potentially dangerous characteristics of such samples which could cause injury during the performance of the work or in the
transporting of such samples and Client also acknowledges that Intertek is relying upon such information and samples or data in the preparation of this proposal without further
verification by Intertek as to its accuracy or completeness. The Client is responsible for informing Intertek in advance of any applicable import/export restrictions that may apply to the
samples and /or services to be provided, including instances where products, information or technology may be exported to a country that is restricted or banned from such export.
The Client agrees to hold Intertek harmless and indemnify Intertek from any liability of whatever kind or nature, including but not limited to court costs and reasonable attorneys fees if
information provided by the Client is inaccurate or incomplete or samples are not representative. Intertek agrees that information received from the Client shall remain the property of
the Client and will be returned to the Client upon demand, except for that which is necessary as a basis for the Intertek Reports. Client may designate in writing any information
provided by Client to Intertek as confidential and proprietary. If Client has done so, Intertek will not release to third parties any such information without the prior written consent of the
Client or only in response to a proper court order or process. As to that information, Intertek may make and retain copies. Client shall designate in writing to Intertek 1 it does not wish
to have Intertek transmit any information, including test data and Reports, via electronic means.
4.0 PROPOSAL, PRICE AND SCHEDULE - Intertek will work diligently to provide the services according to the costs and schedule stated in the referenced proposal. Client
recognizes and agrees that the proposal is a good faith estimate of the costs for the services to be provided and times of completion, but such estimate is not a guarantee of the total
costs or time that may be involved in completing the proposal. Intertek will not exceed the authorized estimate of costs without written authorization of Client. Samples will be shipped
by Client to Intertek prepaid and will be returned collect or disposed of at Client's expense within thirty (30) days after testing is completed, unless alternative arrangements are made
by Client. Additional fees will be charged for unanticipated assembly or preparation of samples. Test services will not be initiated until satisfactory credit has been established with
Intertek's accounting department.
5.0 INVOICING - Invoices will generally be issued upon project completion. In certain instances, interim invoices may be issued. Invoices are due and payable to Intertek at its
offices, within thirty (30) calendar days after receipt of invoice, and Client agrees to pay reasonable collection costs if necessary in the event of non - payment.
6.0 INSURANCE - Intertek declares that it maintains workers' compensation and employer's liability insurance on Intertek employees in a form and amount as required by applicable
laws. This insurance does not cover any employees of Client or third parties who may be involved with the work to be performed, whether on property of Intertek, Client or third
parties.
7.0 REPORTS - The Client agrees to waive any claim against Intertek and defend, indemnify, and hold Intertek harmless from any and all causes of action, lawsuit, proceedings or
claims, including legal fees and expenses incurred by Intertek, allegedly arising as a result of unauthorized use of Intertek's Reports. The term Reports includes all reports, laboratory
test data, calculations, estimates, notes and other documents prepared by Intertek in the course of providing services to the Client. All technical determinations of compliance arising
from product, material or system evaluation shall not be considered final until issuance of a written report, reviewed and signed by an Intertek qualified Reviewer. All final decisions on
product certification are made by the Certification Manager. Intertek retains any and all rights of ownership of Intertek's concepts, ideas, inventions, patents or copyrights used by
Intertek in preparing Intertek's Reports and the provision of services to the Client. Only the Client is authorized to copy or distribute Intertek's Reports and then only in their entirety,
and the Client shall not use the Reports in a misleading manner. Client further agrees and understands that reliance upon the Reports is limited to the representations made therein.
Any use of the Intertek name or one of its marks for the sale or advertisement of the tested material, product or service must first be approved in writing by Intertek. If Intertek
becomes directly or indirectly involved in litigation as a result of misuse of its Reports, the Client agrees to compensate Intertek for its fees and expenses, including legal costs, in
accordance with Intertek's prevailing fee schedule and expense reimbursement policy.
8.0 LIMITED WARRANTY - Intertek warrants that if any of its completed services fail to conform to professional standard, Intertek will, at its own expense, perform corrective services
of the type originally performed as may be reasonably required to correct such defects, of which Intertek is notified in writing within six months of the completion of services. No other
representation, express or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinion, document or otherwise.
9.0 LIMITS OF LIABILITY - Intertek's liability is limited as follows:
9.1 The Client agrees to limit Intertek's liability arising from Intertek's professional activity, errors, or omissions, such that the total aggregate liability of Intertek shall not exceed
Intertek's total fee for the services rendered on the project in question, except in the case of a finding of gross negligence or willful misconduct on the part of Intertek by a court of
competent jurisdiction.
9.2 Intertek shall be discharged from all liability to the Client for all claims for loss, damage or expense unless a claim is made within three (3) months of the date at which the
damage, defect or alleged non- performance became apparent to the Client, and the process of law served no later than two (2) years from the provision of services by Intertek.
9.3 Intertek shall not be liable to the Client for any consequential damages incurred by Client due to the fault of Intertek, regardless of the nature of this fault, whether it was
committed by Intertek, its employees, agents or subcontractors. Consequential damages include, but are not limited to, loss of use and loss of profit.
9.4 The Client agrees to extend any and all limitations, indemnifications, and waivers provided by the Client to Intertek to those individuals and organizations Intertek retains for
proper execution of the work. These shall be deemed to include but are not necessarily limited to Intertek's officers and employees and their heirs and assigns, as well as Intertek's
agents, subcontractors and their officers, employees, heirs and assigns.
9.5 Client acknowledges that testing, including sample preparation and transportation, may damage or destroy Client's product. Client agrees to hold Intertek harmless from any and
all responsibility for such alteration.
9.6 The Client agrees Intertek shall not be responsible for any injuries to the Client's representatives while attending to or observing testing at Intertek's facility. If testing takes place
at the Client's facility, Client agrees that Intertek will not operate and shall not be responsible for any of Client's equipment and that although Intertek agrees to abide by Client's safety
procedures, Intertek shall not be responsible for injury to any of Client's personnel.
10.0 GOVERNING LAW - This proposal, and any work performed pursuant to this proposal, shall be governed by the laws of the jurisdiction within which the Intertek facility making
the proposal is located. Any action brought hereon shall be venued in said jurisdiction.
11.0 SEVERABILITY - Any provision of this proposal that may be held invalid, void or unenforceable for any reason, shall not affect any other term or condition of this proposal, and
such term or condition shall be replaced or interpreted to accomplish the intent of the parties.
12.0 MODIFICATIONS - No modification, waiver or amendment of any of these terms and conditions, including any assignment of Client's rights and responsibilities hereunder, shall
be binding upon Intertek unless agreed to in a writing signed by an agent of Intertek.
SD 3.1.2 (Mandatory) - October 19, 2007
Intertek Testing Services NA, Inc. Q500526566
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Project Authorization Form for Quote #500526566
To initiate this project, please complete and return the entire quote to Anne Whitson at fax #608- 831 -9279
or anne.whitson @intertek.com. By signing this proposal, you accept the terms and conditions within
and attached.
Quote issued to:
Company Legal Entity Name:
Authorized by (print name):
Signature:
Date Authorized:
Client Ready Date:
Enter the date when samples, documentation, and
prepayment (if required) will arrive at Intertek or will
be ready for on -site evaluation
Purchase Order # or Initials:
Please include a copy of your signed Purchase
Order with this form. If your company does not
require Purchase Orders for invoice payments,
please initial this line to confirm payment of invoices
will not be delayed due to the absence of a
Purchase Order.
Helen Gray
City of Sunny Isles Beach
18070 Collins Avenue
(Sunny Isles Beach, FL 33160
Is this project request for an ETL /WH or Other TY ES ** No
Intertek Certification Listing?
* *If YES, please complete the attached client information sheet and return with this Project
Authorization Form if it is a: (1) New Certification Request, or (2) Revision to an Existing Intertek
Report involving a change to the Applicant or Manufacturer information.
Sample Return: Test samples not consumed during testing may be disposed of or returned after
completion of testing. Please choose and initial one option below:
Dispose of Sample(s)
Return Sample(s)
If required, sample disposal fees will be invoiced in
addition to quoted project fees; or,
'Return sample(s) instructions:
Shipping Method:
Charge to Account Number:
Insurance Value:
'Other Instructions:
Intertek Testing Services NA, Inc. 0500526566
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SHIPPING LABEL
Ship To:
I ntertek
Attn: Anne Whitson/ Kent Kelsey/ Emily Tucker
8431 Murphy Drive
Middleton, WI 53562
Quote #: 500526566
Phone: +1 (608) 836 -4400
Intenek Testing Services NA, Inc. Q500526566
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TO:
VIA:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305) 949 -3113 Fax
MEMORANDUM
The Honorable Mayor and City Commission
Christopher J. Russo, City Manager
Bill Evans, Assistant City Manager
5/15/2014
Resolution Approving a Contract with Intertek Testing Services,
NA, Inc. for Materials Testing
RECOMMENDATION:
Staff is recommending the City Commission approve the attached resolution.
REASONS:
The City awarded the demolition and reconstruction contract for the Newport
Fishing Pier in September 2010. The contract documents included the specific
requirement for Saftron railings, a PVC clad metal post/handrail system with
Schedule 80 (plastic) pickets. The City allowed no alternates to the pier railing
system in addition to issuing a Direct Purchase Order for the procurement of the
Saftron railings for installation by the prime contractor.
As is the case with many large and complex construction projects, additional and
subsequent submittals and permit applications were processed to encompass
the complete project. During this time and since, the manufacturer of the railing
system, Saftron, has been unable to furnish documentation that the railing
system meets all applicable requirements of the Florida Building Code (FBC) as
required by Building Permit. While at this time, the Building Official does not
believe the railing system poses an immediate life safety issue, however, testing
of the system by an independent testing laboratory will allow for a proper
evaluation of the materials system, determination of useful service life of the
railings, processing and closing outstanding permits, and facilitates planning for
future improvements or replacement if and as needed and /or appropriate. This
Agenda Item No. I OE
Date 5% 15/2014
164
testing is a proactive measure by the City to determine the suitability of the
system and its related performance over time and quantifying a useful service
life.
In general, the testing includes weather simulated exposure of sample sections
followed by tensile and impact testing. This testing protocol specified by Chapter
2612.2 of FBC will take approximately 7 months to complete once started. This
contract provides for testing of the Saftron railing system.
FUNDING SOURCE:
Not to exceed $28,825.00 from Account No. 20- 600.5670
ATTACHMENTS:
• Resolution
• Agreement
Agenda Item No. IOE
Date 5/15/2014
165